403.180—How must a State reserve funds for the basic programs?
(a)
(1)
Except as provided in paragraph (a)(2) of this section, each State shall reserve from its allotment under the basic programs authorized by title II of the Act, for—
(i)
The Program for Single Parents, Displaced Homemakers, and Single Pregnant Women under § 403.81, and the Sex Equity Program under § 403.91, respectively, an amount that is not less than the amount the State reserved for each of those programs under section 202 of the Carl D. Perkins Vocational Education Act (CDPVEA) from its Fiscal Year (FY) 1991 grant from the FY 1990 appropriation; and
(A)
The amount the State reserved for projects, services, or activities under section 202(6) of the CDPVEA from its FY 1991 grant from the FY 1990 appropriation; and
(B)
The amount of Federal funds under the CDPVEA, other than the one percent reserved under section 202(6) of the Act, that the State and its eligible recipients obligated for projects, services, and activities for criminal offenders in correctional institutions from its FY 1991 grant from the FY 1990 appropriation.
(2)
In any year in which a State receives an amount for purposes of carrying out programs under title II of the Act that is less than the amount the State received for those purposes in its FY 1991 grant award from the FY 1990 appropriation under the CDPVEA, the State shall ratably reduce the amounts reserved under paragraph (a)(1) of this section in the same proportion that the amount for carrying out programs under title II of the Act is less than the amount the State received for those purposes from the FY 1990 appropriation.
(b)
Except as provided in paragraph (a) of this section, from its allotment for the basic programs authorized by title II of the Act, a State shall reserve—
(1)
At least 75 percent for the Secondary School Vocational Education Program and the Postsecondary and Adult Vocational Education Programs described in § 403.111 ;
(2)
Ten and one-half percent for the Program for Single Parents, Displaced Homemakers, and Single Pregnant Women described in § 403.81 and the Sex Equity Program described in § 403.91, as follows:
(i)
Not less than seven percent for the Program for Single Parents, Displaced Homemakers, and Single Pregnant Women.
(3)
Not more than eight and one-half percent for State Programs and State Leadership Activities described in §§ 403.70 and 403.71 ;
(4)
Not more than five percent or $250,000, whichever is greater, for administration of the State plan, of which—
(i)
Not less than $60,000 must be available for carrying out the provisions in § 403.13, regarding the personnel requirements for eliminating sex discrimination and sex stereotyping; and
(E)
Ensuring compliance with all applicable Federal laws, including required services and activities for individuals who are members of special populations; and
(c)
The procedure for meeting the “hold-harmless” requirements in § 403.180(a) and the $250,000 minimum for State administration provision in § 403.180(b)(4) is as follows:
(1)
If the five percent reserved for administration is less than the $250,000 minimum allowed by paragraph (b)(4) of this section, or if any of the amounts reserved for the Program for Single Parents, Displaced Homemakers, and Single Pregnant Women in § 403.81, the Sex Equity Program in § 403.91, or the Program for Criminal Offenders in § 403.101, respectively, is less than the amount reserved for that program in FY 1990 (funds from the FY 1990 appropriation awarded in the States FY 1991 grant), a State shall subtract any amount necessary to satisfy the $250,000 minimum for State administration or any of the “hold-harmless” amounts from the total basic programs award received by the State.
(2)
The State shall reserve $250,000 for administration and shall reserve for any program not meeting the “hold-harmless” requirement an amount necessary to meet that requirement.
(3)
The State shall reserve from the remainder of the basic program award an amount for each of the remaining programs that is proportionate to the amount that program would have received in the absence of a shortfall in the amounts reserved for administration or to meet the “hold-harmless” requirements in paragraph (a)(1) of this section.
Code of Federal Regulations
Code of Federal Regulations
58
3.0% ×$4,000,000 = | $120,000 | for Sex Equity Programs. |
7.5% ×$4,000,000 = | 300,000 | for Programs for Single Parents, Displaced Homemakers, and Single Pregnant Women. |
8.5% ×$4,000,000 = | 340,000 | for State Programs and State Leadership Activities. |
1.0% ×$4,000,000 = | 40,000 | for Programs for Criminal Offenders. |
75% ×$4,000,000 = | 3,000,000 | for part C of title II. |
3,800,000 |
($120,000/$3,800,000) ×$3,750,000 = | $118,421 | for Sex Equity Programs. |
($300,000/$3,800,000) ×$3,750,000 = | 296,053 | for Programs for Single Parents, Displaced Homemakers, and Single Pregnant Women. |
($340,000/$3,800,000) ×$3,750,000 = | 335,526 | for State Programs and State Leadership Activities. |
($40,000/$3,800,000) ×$3,750,000 = | 39,474 | for Programs for Criminal Offenders. |
($3,000,000/$3,800,000) ×$3,750,000 = | 2,960,526 | for part C of title II. |
3,750,000 |
Code of Federal Regulations
5.0% ×$20,000,000 = | $1,000,000 | for administration. |
3.5% ×$20,000,000 = | 700,000 | for Sex Equity Programs. |
8.5% ×$20,000,000 = | 1,700,000 | for State Programs and State Leadership Activities. |
1.0% ×$20,000,000 = | 200,000 | for Programs for Criminal Offenders. |
75.0% ×$20,000,000 = | 15,000,000 | for part C of title II. |
18,600,000 |
($1,000,000/$18,600,000) ×$18,419,000 = | $990,269 | for administration. |
($700,000/$18,600,000) ×$18,419,000 = | 693,188 | for Sex Equity Programs. |
($1,700,000/$18,600,000) ×$18,419,000 = | 1,683,457 | for State Programs and State Leadership Activities. |
($200,000/$18,600,000) ×$18,419,000 = | 198,054 | for Programs for Criminal Offenders. |
($15,000,000/$18,600,000) ×$18,419,000 = | 14,854,032 | for part C of title II. |
18,419,000 |
Code of Federal Regulations
Code of Federal Regulations
59
5.0% ×20,000,000 = | $1,000,000 | for administration. |
3.5% ×20,000,000 = | 700,000 | for Sex Equity Programs. |
7.0% ×20,000,000 = | 1,400,000 | for Programs for Single Parents, Displaced Homemakers, and Single Pregnant Women. |
8.5% ×20,000,000 = | 1,700,000 | for State Programs and State Leadership Activities. |
75.0% ×20,000,000 = | 15,000,000 | for part C of title II. |
19,800,000 |
($1,000,000/$19,800,000) ×$19,750,000 = | $997,475 | for administration. |
($700,000/$19,800,000) ×$19,750,000 = | $698,232 | for Sex Equity Programs. |
($1,400,000/$19,800,000) ×$19,750,000 = | $1,396,465 | for Programs for Single Parents, Displaced Homemakers, and Single Pregnant Women. |
($1,700,000/$19,800,000) ×$19,750,000 = | $1,695,707 | for State Programs and State Leadership Activities. |
($15,000,000/$19,800,000) ×$19,750,000 = | $14,962,121 | for part C of title II. |
$19,750,000 |
(d)
The procedure for meeting the ratable reduction provision in paragraph (a)(2) of this section is as follows:
(1)
If a State's basic programs award under title II of the Act for FY 1992 or in future years is less than that State's basic grant amount in FY 1991, a State shall determine the percentage that the basic programs award is of the FY 1991 basic programs award.
(2)
The State shall multiply the amounts reserved in FY 1991 for each of the three programs covered by the “hold-harmless” provisions in paragraph (a)(1) of this section by this percentage.
(3)
The State shall compare the amounts that would be reserved for these programs in FY 1992 to determine if these amounts are less than the ratably reduced hold-harmless amounts, and if so, shall proceed with the calculation required by paragraph (c) of this section except using the ratably reduced “hold-harmless” amounts.